BRIAN SCOTT RATTEE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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A trial court loses jurisdiction to hold a restitution hearing or enter a restitution order after a defendant files a notice of appeal.
Following a burglary conviction and sentencing where restitution was reserved, the defendant filed a notice of appeal. Subsequently, the trial court i…
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Brian Scott Rattee challenges his judgment and sentence for burglary following a jury trial. On appeal, he argues that the trial court lacked jurisdiction to hold a restitution hearing and to enter a restitution order after he filed his notice of appeal. We agree.
On March 27, 2012, Rattee was tried and convicted of committing burglary. The court subsequently sentenced Rattee to fifteen years’ prison and reserved on the issue of restitution. Rattee filed a notice of appeal on April 9, 2012. On May 30, 2012, the trial court issued a restitution order in the amount of $20,000. Rattee’s attorney objected to the order on June 6, 2012, and the court held an evidentiary hearing. After the hearing, the trial court entered another restitution order in the amount of $16,150.
Even though a trial court may reserve jurisdiction on the issue of restitution, it loses jurisdiction to hold a restitution hearing or to enter a restitution order once a defendant files his notice of appeal. See Pearson v. State, 686 So.2d 721, 721 (Fla. 2d DCA 1997). We recognize that “a trial court has jurisdiction to render written orders after a notice of appeal is filed when those orders simply memorialize oral rulings made by the court prior to the notice of appeal being filed.” Henry v. State, 42 So.3d 317, 318 (Fla. 2d DCA 2010). However, the restitution orders entered in this case did not memorialize oral rulings made by the court prior to the notice of appeal being filed. Consequently, we reverse the order setting the amount of restitution. On remand, the trial court may conduct another hearing and again impose restitution.
Reversed and remanded.
NORTHCUTT and LaROSE, JJ„ Concur.
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Citator
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Frehe v. State, 167 So. 3d 514 (Fla. 2d DCA 2015)…ution after a. notice of appeal has been filed, even though the trial court may have previously ordered restitution and reserved jurisdiction only as to the amount.” Pearson v. State, 686 So. 2d 721, 721 (Fla. 2d DCA 1997); see also Rattee v. State, 128 So. 3d 876 (Fla. 2d DCA 2013). The trial court in this case thus did not have jurisdiction to hold a hearing and enter an order of restitution, since Ms. Frehe had already filed her notice of appeal. Accordingly, we reverse the order setting the amount of rest…
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V.U.B. v. State, 189 So. 3d 303 (Fla. 2d DCA 2016)…on. This was error. “Even though a trial court may reserve jurisdiction on the issue of restitution, it loses jurisdiction to hold a restitution hearing or to enter a restitution order once a defendant files his notice of appeal.” Rattee v. State, 128 So. 3d 876, 876 (Fla. 2d DCA 2013); see also Frehe v. State, 167 So. 3d 514, 514 (Fla. 2d DCA 2015) (“A trial court does hot have jurisdiction to hold a restitution hearing or enter an order of restitution after a notice of appeal has been filed, even though t…
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Ogden v. State, 273 So. 3d 162 (Fla. 1st DCA 2019)
Authorities Cited
- Pearson v. State, 686 So. 2d 721 (Fla. 2d DCA 1997)
- Henry v. State, 42 So. 3d 317 (Fla. 2d DCA 2010)